TERMS OF SERVICE
Welcome to www.quickfurniture.ca (hereinafter referred to as the “website” or “site” or “we” or “us”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our website constitutes your agreement to all such Terms.
Our website is owned and operated by Quick Furniture Inc.(hereinafter referred to as “Company”) with its office located at 491 Brimley Road Unit 6 / Toronto ON M1J1A4. Our website provides an online shopping platform through which users/buyers/customers (hereinafter referred to as “You”, “Your”) will have the opportunity to buy products listed on our website (collectively, the “Services”).
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content and constitute a binding legal agreement between you and us.
DEFINITIONS AND INTERPRETATION
www.quickfurniture.ca means the online shopping platform via which customers/buyers can purchase the products offered for sale via our website.
"Customer" / "Buyer" means an individual who accepts the offer for sale and purchases/buys from our website by placing an order with us for any product offered for sale on our website. Customers/buyers shall also hereinafter be referred to as “Users”
"Product/s" means the various furniture product, related description, information, warranties, refund and cancellation procedures, delivery schedule, etc.
“Account” means the accounts created by the customers/users on our website in order to use the Services provided by us and require information such as name, email address, password, contact number, etc.
“Content” means text, graphics, images, music, audio, video, information or other materials.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through our website.
“SNS” means Social Networking Sites such as Facebook, Twitter, etc.
The official language of these terms shall be English.
The headings and subheadings are merely for convenience purposes and shall not be used for interpretation.
Our website is an online shopping platform via which customers can buy various furniture listed therein.
Our website uploads pictures of the products which it offers for sale on the website and also mentions the product descriptions therein. In order to make the purchase of the product listed thereon, the customer will have to click on the product which it wishes to purchase and therein it will be displayed with two options that are either to buy the same or add the same to the Cart in order to continue with further shopping.
Thus, the actual transaction of sale purchase shall take place when the user clicks and "Checkout” on our website and pays for the product. We shall ship/deliver the products/items to the user only when the user purchases and pays for the ordered product.
ACKNOWLEDGMENTS/REPRESENTATIONS AND WARRANTIES BY USERS
Before placing an order, users are advised to check the product description carefully. By placing an order for a product, buyers/customers agree to be bound by the conditions of sale included in the product’s description/listing.
Charges displayed on the site include only the cost of the product. Delivery and Assembly charges, if requested, will be charged extra as applicable and will be added in the total when the final purchase is made.
Prices and availability of products are subject to change, without prior notice to users Buyers/Customers, at our sole discretion.
All purchases on the Website are a firm commitment to purchase. If you are the buyer/purchaser for any product/item, you are obligated to complete the transaction with us. By purchasing an item you agree to be bound by the conditions of sale included in the item's description on our website.
The Users, customers/buyers shall make payments to us via their valid debit or credit cards, e-Transfer, and Paypal at the time of ordering the product via our website.
The customers can pay at least 10% of the total price as the deposit payment and the remaining payment can be taken at the time of delivery of the Product.
Unless otherwise stated, all prices/fees are quoted in the Canadian dollar.
We shall deliver the order of above $2,000 for free but all the orders below $2,000 shall be charged and the shipping cost shall be applied on the order.
In addition to the payment of the applicable purchase price for a purchased item, users, buyers are responsible for paying all delivery costs to us and all applicable sales taxes HST and other taxes or duties associated with the purchase and sale of any items through the Service. All such shipping costs and taxes are not included in the listed price for any items made available through the Service but will be displayed to buyers before confirmation of any purchase.
Our website uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology, and workflows, hence cannot be held responsible for any fault at the end of payment providers.
Our website reserves the right to refuse to process Transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
The users acknowledge that we will not be liable for any damages, interests or claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
Our website reserves the right to recover the cost of goods, collection charges, and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
YOU AGREE AND CONFIRM
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months or to modify or discontinue our site, services
MODIFICATION OF TERMS OF SERVICE
We may at any time modify the Terms of Service without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms of Service on our website. In the event the modified Terms of Service is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of Service of this website.
This website will not be liable for delays resulting from incomplete addresses. In such cases, the customer will have to bear the additional delivery charges.
COPYRIGHT & TRADEMARK
Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of www.quickfurniture.ca or any third party's intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
Quick Furniture Inc. names and logos and all related product and service and our slogans are the trademarks or service marks of Quick Furniture Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by Canadian laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by Canadian laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by Canadian laws.
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our Website, Services, and tools;
Delays or disruptions in our Website, Services, or tools;
Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account; and
To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE VALUE OF THE PRODUCT ORDERED BY YOU. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
GOVERNING LAWS AND JURISDICTION
This User Agreement shall be construed in accord with the applicable laws of the Province of Ontario in Canada regardless of your physical location.
The Courts at Province of Ontario shall have exclusive jurisdiction in any proceedings arising out of this agreement.
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
Any notices must be given by email to us at firstname.lastname@example.org
In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances, and regulations regarding your use of our services. Notwithstanding the successful conclusion of a transaction, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in Canada and all other countries. You should comply with country, provincial and federal regulations.
LINKS TO OTHER WEBSITES
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this site, you do this entirely at your own risks.
NO WAIVER IMPLIED
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to acts of God, strikes, lockouts, war, riots, embargoes, civil commotion, any orders of governmental, quasi-governmental or local authorities, or any other similar cause beyond its control and without its fault or negligence.
By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services OR on the date you order a product.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in the paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
For any further clarification of our Terms and Conditions, please write to us at email@example.com